ALA President Carol Brey - Casiano responds to Oversight Hearing on Section 215 of the USA Patriot Act

Contact: Bernadette Murphy


Communications Director, ALA Washington


202-628-8410 ext. 236



bmurphy@alawash.org


For Immediate Release


April 28, 2005


ALA President Carol Brey - Casiano responds to Oversight Hearing


on Section 215 of the USA Patriot Act

(CHICAGO)
The following statement is from ALA President Carol Brey-Casiano in response to today’s Oversight Hearing on Sections 206 and 215 of the USA PATRIOT Act.

“At today’s House Judiciary Crime, Terrorism, and Homeland Security subcommittee hearing, there was much discussion about the fact that terrorists used the public library prior to the 9/11 attacks.

“The reason the FBI knew that the terrorists used the Delray Beach, Fla., library is because the librarian alerted them to this fact after recognizing the terrorists when she saw them on television. The FBI returned to the library with a warrant and had the full cooperation of the library staff when they seized the library’s computer terminals.

“The testimony presented today in fact points out that library staff will readily cooperate with law enforcement when presented with a properly executed judicial order. And the Delray Beach library’s cooperation with law enforcement occurred well before the USA PATRIOT Act was passed.

"Using the public library is one of the benefits of living in our free and democratic society. The First Amendment promises everyone in the United States a fundamental right of free speech and free inquiry.
Every person is entitled to read anything about a topic or opinion without the government looking over his or her shoulder.
When there is evidence of a crime or evidence that a crime is about to be committed, law enforcement officers can obtain search warrants and subpoenas permitting them to access the records of the suspected criminal.

“Library patrons use our nation’s libraries with an expectation of privacy because in 48 states, laws declare that a person's library records are private and confidential; the remaining two states, Kentucky and Hawaii, have attorneys' general opinions recognizing the confidentiality of library records. All of these laws existed before the USA PATRIOT Act was enacted.

“The USA PATRIOT Act preempts the privacy protections provided by state library confidentiality laws, which balance protection of library patron records with the needs of law enforcement.
Because the USA PATRIOT Act does not require the FBI to name an individual or to give specific reasons to believe he is engaged in terrorism, Section 215 has the potential to open patrons’ reading and research records to a ‘fishing expedition.’

“Like all Americans, librarians are concerned about our nation’s security. Even so, targeting libraries won’t make us safer. The PATRIOT Act should be amended to preserve the right to free inquiry promised by our Constitution. The freedom to use the public library is one of the benefits of living in a free and open society.“